Federal Judge Strikes Down Texas Law Requiring Age Verification and Health Warnings on Pornographic Websites
In a recent ruling, U.S. District Judge David Ezra has declared a Texas law, House Bill 1181, requiring age verification and health warnings on pornographic websites as unconstitutional. The law, signed into effect by Texas Governor Greg Abbott in June, was found to violate free speech rights and was deemed overbroad and vague. As a result, the state attorney general’s office has been blocked from enforcing the law, and an immediate notice of appeal has been filed to the Fifth Circuit U.S. Court of Appeals in New Orleans.
The lawsuit challenging the law was filed on August 4 by the Free Speech Coalition, a trade association for the adult entertainment industry, along with an individual identified as Jane Doe, who is described as an adult entertainer on various adult sites, including Pornhub.
Judge Ezra raised concerns about privacy, stating that the law, which was set to take effect on Friday, would require age verification using traceable government-issued identification. This would allow the government to access and retain personal data without any obligation to delete it. Ezra emphasized that people would be particularly concerned about accessing controversial speech when the government can log and track their access, potentially intruding on their most intimate and personal aspects of life.
While acknowledging Texas’ goal of protecting children from online sexual material, Judge Ezra pointed out that other measures, such as blocking and filtering software, exist and are more effective in safeguarding minors from adult content.
Additionally, the judge found the law to be unconstitutional in compelling speech. Adult websites would have been required to post health warnings that they dispute, claiming that pornography is addictive, impairs mental development, and increases the demand for prostitution, child exploitation, and child sexual abuse images. Ezra argued that these statements are presented as scientific facts, when in reality, they are heavily contested or unsupported by evidence.
The Texas law is part of a larger trend, with similar age verification laws being passed in other states such as Arkansas, Mississippi, Utah, and Louisiana. While the Utah law was upheld by a federal judge in a recent lawsuit, Arkansas’ law was struck down by a federal judge, and a lawsuit challenging the Louisiana law is still pending.
This ruling serves as a significant victory for advocates of free speech and privacy rights, as it highlights the importance of balancing the protection of children with the preservation of individual liberties.
Original Story at www.cbsnews.com – 2023-09-01 17:39:00
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